Switzerland - Baker & McKenzie International Arbitration Yearbook: 2011-2012
Urs Zenhäusern is a Partner in Baker & McKenzie's Zurich office. He regularly
represents clients in arbitration proceedings as a party-counsel and also as an
Joachim Frick is a Partner in Baker & McKenzie's Zurich office. He often
represents clients in merger & acquisitions and related arbitration proceedings as a
party-counsel. He has written various publications on Swiss and international
commercial arbitration proceedings and teaches as honorary professor at Zurich
Anne-Catherine Hahn is an Associate in Baker & McKenzie's Zurich office. She
practices mainly in the area of international commercial arbitration and litigation
and also acts as a Lecturer at the University of Fribourg.
Luca Beffa is an Associate in Baker & McKenzie’s Geneva office. His practice focuses primarily on international and domestic arbitration as well as commercial litigation, sports and public law.
Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012
Urs Zenhäusern, Joachim Frick, Anne-Catherine Hahn and Luca Beffa
A. LEGISLATION, TRENDS AND TENDENCIES
We report below significant changes in 2011 that have affected and will continue to affect in 2012 the legal framework for arbitration in Switzerland. These revisions aim to maintain and even improve the Swiss legal system’s traditionally pro-arbitration stance. Switzerland has repeatedly been ranked first in ICC statistical reports as a venue for arbitration, nationality of arbitrators and choice of law. Indeed, the upcoming revisions to the Swiss Rules of International Arbitration are almost certainly influenced by the revised ICC Arbitration Rules, which entered into force on 1 January 2012.
Urs Zenhäusern, Joachim Frick and Anne-Catherine Hahn, Zurich; Luca Beffa, Geneva
A. Legislation, Trends and Tendencies
A.1 New Swiss Federal Code of Civil Procedure
A.2 Revisions to the Swiss Rules of International Arbitration
A.3 Proposals and Initiatives
B.1 "Truncated Arbitral Tribunals" and Ne Bis In Idem
B.2 Challenge against Refusal to Render an Additional Award and Power to Award Interest
B.3 Legitimate Interest in Challenging an Award
B.4 Extension of an Arbitration Clause to a Third Party Where a Contract is in Favor of That Third Party
B.5 Multi-Tier Dispute Resolution Clauses
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy